CALL FOR A FREE CONSULTATION
47 DuPage Court, Elgin, IL 60120
Recent Blog Posts
Illinois Police Mistake Pistachio Shells for Marijuana
An Illinois woman is facing possible felony drug charges after police officers found a bottle of the painkiller tramadol in her coat pocket. The 59-year-old woman does actually have a prescription for the type of pills found by police, but she has been charged with possession of a controlled substance that had been prescribed to one of her relatives. What makes this story unique is the way in which the pills were discovered.
Unreasonable Searches and Seizures
The pills were only discovered after police searched the woman’s car. The Fourth Amendment to the U.S. Constitution protects gives citizens the right to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, police must have a warrant to search a home, but motor vehicles are different. A police office must only have "probable cause" to search a vehicle. Probably cause means that the officers must have reason to believe that evidence of a crime or illegal items will be found in the car. However, there are not clear answers as to what counts as probable cause. Of course, illegal items such as drugs, drug paraphernalia, stolen goods, or weapons in plain sight usually constitute probable cause, but officers do not have to physically see contraband in order to be authorized to search the vehicle. In 1985, the Illinois Supreme Court approved car searches if the police officer claimed to be able to smell marijuana in the car.
Opioid Crisis May Be Contributing to an Increase in Murders
Recreational use of opioids like heroin, fentanyl, oxycodone, hydrocodone, codeine, and morphine has become more popular than ever. These highly addictive drugs are designed to fight extreme pain, but many people either use them recreationally or become addicted and eventually need the drugs to simply feel normal.
It is a vicious cycle. Many of those who become addicted start off using prescribed pain pills but when the prescription runs out, they turn to buying the pills illegally. Others find that pills are not effective or available and turn to heroin for relief. Heroin is especially dangerous because it is often mixed with fentanyl, which is up to 100 times more potent than morphine and many times that of heroin. The combination of easy access to the drugs, the prevalence of fentanyl-laced heroin, and the extremely addictive nature of these substances have dramatically increased the number of people who die from overdose. Of the 64,000 reported drug overdose deaths in 2016, two-thirds were linked to opioids. This represents an increase in drug overdose deaths of over 20 percent since 2015.
What You Need to Know About Credit Card Fraud
Not all crimes are violent in nature, but they can still have serious consequences for those found guilty of committing them. Financial crimes such as advertising scams, internet fraud, and fraudulent credit card charges can damage a person’s credit score and negatively affect businesses. Many people who open their bank account or wallet only to realize they have been stolen from ask the same question, "Who must pay for fraudulent charges?"
Credit Card Fraud in Illinois
There are several Illinois state and federal consumer laws that address credit card theft. Credit card payments processed by Visa, MasterCard, American Express and Discover are subject to a "zero liability" policy. This means that the owner of a credit card which is compromised is not held responsible for any fraudulent charges. Fortunately, consumers do not have to pay for charges which they did not make, but they do have a responsibility to tell their credit card company about the fraudulent charges as soon as they find them.
Common Misperceptions Regarding Illinois Marijuana Laws
Marijuana laws in the United States are changing rapidly. Currently, Washington D.C and eight states have legalized the sale and possession of marijuana for recreational purposes while many others, including Illinois, allow the consumption of cannabis as treatment for certain medical conditions. In Illinois, it is still illegal for those without a medical marijuana registration card to possess, purchase, use, or sell marijuana. There are many myths regarding marijuana and its legality which Illinois citizens should be aware of.
Myth 1: It Is Legal to Drive Under the Influence of Marijuana If You Are a Registered Medical User
Some people think that if they are in a state where recreational marijuana is legal or they have their medical marijuana ID card that they are able to smoke marijuana in a car. This is absolutely not the case. Although there has been considerably less research about the effects of marijuana use on driving abilities than the effects of alcohol impairment, it is still considered dangerous and reckless to drive under the influence of cannabis. [BW1]
I Have Been Arrested on Shoplifting Charges, Now What?
The National Association for Shoplifting Prevention reports that over 10 million people have been caught shoplifting in the last five years. Even more surprising, they estimate that about one out of every 11 people in the U.S have shoplifted. Many people consider shoplifting to be "no big deal" or even see it as a rite of passage for young people. The truth is that retail theft is a crime, and depending on the circumstances, can result in serious criminal penalties.
What is Considered Shoplifting?
The most common example of shoplifting occurs when a person attempts to take merchandise from a store without paying for it. He or she may hide the items in a coat or bag while shopping and then attempt to leave the store without paying for those items. Often, a loss prevention officer (LPO), or an employee who is tasked with preventing shoplifting, confronts the person attempting to steal from the store.
Illinois Gun Ownership Laws
The tragic events that took place at Marjory Stoneman Douglas High School last month shocked the public. It is one of many school shootings which have rocked the public’s sense of safety in recent years. The shooting, which left 17 victims dead, has ignited the controversy regarding gun laws arguably more than any previous event. It is important now more than ever that all citizens understand the rights and responsibilities of those who choose to purchase a gun.
What is Required to Purchase a Gun in Illinois?
If an Illinois resident wishes to possess a firearm, he or she must obtain a Firearm Owner’s Identification (FOID) card. These cards are issued by the Illinois State Police to applicants who meet certain requirements. There are some instances in which a person will not be allowed to get a FOID card. Specifically, an applicant will not be eligible for a FOID card if he or she:
Proposed Illinois Bill Would Allow Students to Use Medical Marijuana at School
Last week, an Illinois House panel called The House Elementary Education Committee unanimously approved legislation which would allow school children to consume medical marijuana in school. The proposed legislation would allow a parent or legal guardian to administer infused medical marijuana on school grounds and in school-owned transportation.
Medical Marijuana Prevents Student’s Seizures
House Bill 4870 was largely influenced by a lawsuit brought by parents of a child who has seizures. The girl suffers from seizures after undergoing chemotherapy treatment, and medical marijuana is the only medication which effectively controls them. The parents sued the school because they were not allowed to change their daughter’s medical marijuana patch or administer medical marijuana oil under her tongue on school grounds. As the law currently stands, a school nurse could lose his or her license if they administered medical marijuana to a student – even if the student has a valid medical marijuana card. Although it is unlikely, the student and her parents could face criminal prosecution for sending the girl to school with a medical marijuana patch. Advocates of the bill say that this is unacceptable.
Experts Suggest Lowering DUI Legal Limit Could Save Lives
Drunk driving is a serious issue in the United States. Every year, drunk driving takes the lives of approximately 10,000 people. This works out to about 28 deaths linked to an impaired driver every single day. The annual cost of alcohol-related crashes is estimated to be about $44 billion dollars. In order to mitigate the problem of drunk driving, legislators have limited the amount of alcohol a person can legally have in their body while driving. If a driver is caught driving with a blood alcohol content (BAC) of more than 0.08 percent, he or she will be charged with drinking under the influence (DUI). In order to less the number of alcohol-related car accidents, some experts suggest lowering the legal limit nationwide.
Scientists Say BAC Threshold Should Be Lowered to 0.05 Percent
A panel of accomplished scientists from the National Academics of Sciences, Engineering and Medicine analyzed data from many sources and came to the conclusion that states should lower the legal BAC limit. Presently, all 50 U.S. states maintain a BAC limit of 0.08 percent. Anyone with a BAC higher than this driving a car is breaking the law. It should be noted that although the legal limit is 0.08 percent, drivers showing signs of impairment with a BAC of at least 0.05 percent can still be charged with a DUI in Illinois.
Illinois DUI Frequently Asked Questions
The state of Illinois takes drinking and driving very seriously. Car accidents involving intoxicated drivers caused 10,265 deaths in 2015 and thousands more injuries. Over a million people were charged with driving under the influence of drugs or alcohol (DUI) during the same year. If you are caught drinking and driving in Illinois, the penalties can be severe and life-altering. It is important that every driver be educated about DUI laws.
When Can Someone Be Arrested for DUI?
If a police officer suspects a driver is intoxicated, the officer will pull the car over. Next, if the officer still has concerns about the driver’s sobriety he will ask them to take a field sobriety test or chemical blood alcohol content (BAC) test. The BAC test is usually done via a breathalyzer device. If the test shows a result of 0.80 percent BAC or higher, the driver will be arrested for driving under the influence and his or her driver’s license will automatically be suspended for six months. A driver who is under age 21 is not legally permitted to drive with any amount of alcohol in their body. If you are under age 21, you can be charged with driving under the influence even if you do not blow over 0.08 percent BAC on a breathalyzer.
What Rights Does Someone Accused of a Crime Have?
If you have even been arrested or accused of a crime, you know how dehumanizing the experience can be. Criminal suspects are often treated much worse than they deserve. However, you should know that those suspected of criminal activity have certain rights which cannot legally be denied to them. Every citizen should be educated about his or her rights and take steps to ensure that they are treated properly according to the law.
The Right to Be Free from Unreasonable Search and Seizure
The Fourth Amendment to the U.S Constitution states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." If police wish to enter a person’s property in order to find evidence that they plan to use in court, they usually need a search warrant. Nonetheless, there are some situations which allow police to execute a search without a warrant. It is always a good idea not to give police your consent to search your home if they do not have a warrant. If police search anyway, do not attempt to physically stop them, but do make note of the circumstances and that you did not consent to the search. This information can be tremendously valuable in the future.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
